Employment Law

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Employment Dispute

Disputes between a company and their employee or a dispute with an employer can happen in many different situations. An employee may have argued that a supervisor has harassed them. An employee can be terminated or denied promotion and may state that employment action was created on discrimination based on race, color, religion, gender, national origin, age or disability. A terminated employee may claim that they have been wrongfully terminated and that the termination was unfair to them or without good cause. Federal and state laws consider social intolerance for many workplace behaviors, and court decisions understand these laws are defined in a manner that a company must relate to their employees. Read below where Experts have provided answers to the top commonly asked questions relating to employment dispute.

If an employee has recently settled an employer dispute with the Equal Employment Opportunity Commission, does this settlement become part of their public record?

Charges of employment discrimination, charge of reconciliation information and the Equal Employment Opportunity survey data cannot be disclosed to the public. The Federal division complaints are also not disclosed to other people. Records that contain inter or intra agency pre-decisional considerations and recommendations, analyses, opinions, attorney-client, attorney work-product, information given to the Equal Employment Opportunity Commission are considered confidential sources and matters involving any personal privacy, personnel or medical records of a third party will not be disclosed.

If someone was involved in a verbal dispute with another co-worker that then lead to a physical dispute, both employees were suspended, as the victim do they have any right to sue for back pay, emotional distress, and creating an unsafe work environment for letting the other employee return back to work?

Since this was an intentional tort, this is an exception to the law that they can only sue the employer in workers compensation for damages. This means that they can file a suit against the employer for their injuries, pain and suffering and emotional distress from this incident and also loss of wages that resulted in being suspended for being a victim of an assault/battery. Also, they can file criminal charges against the other individual for the battery, to do this they need to contact the police.

What is a penalty for an employee lying on their employment application?

The consequences for providing false information on an application will all depend on the employer. Some employers will do nothing about it, while other employers will terminate the employee for the false information. The outcome is completely up to the employer.

What will happen if an employee had a dispute with their employer and now the employer owes them money, and they put the amount owed on their 1099 form, but never paid it?

The IRS will not get involved in a dispute between two people on the amount that is listed on the 1099. They can either report the amount on the form or the amount that they have actually received and see if the IRS will catch it. The best thing to do is report the amount on the form, gather up pay stubs or band records to show what they have received, then sue the employer in small claims court for their failure to pay all the wages they owe the employee.

Is a lease agreement dispute allowed in small claims court or is it considered specific performance?

A lease agreement is a form on contract and it can be enforced using small claims court as a general rule. The difference will be if they are seeking money damages, they can engage this in small claims. If they are seeking fair non monetary damages, they will not be able to precede this in small claims court.

Many times in the workplace an employee dispute breaks out. There are ways to go around this and prevent these types of disputes from happening. Employment dispute resolution or employee dispute resolution could be one step in prevent from a workplace dispute. Contact an Expert for further information when dealing with employment dispute.
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